Help! Married to LPR. Dropped school after filing I-485. AOS interview next month.

[Roel 7,191]

Hopefully OP will let us know next month if her AoS was approved or denied.

[SusieQQQ 11,584]

1 hour ago, PrisEri said:

My first thought was what are these people saying? They are not out of status because she married while her H1b visa was still valid.

? OP never had a H1B, said the application for it was denied. 

[Tenreyro 174]

9 minutes ago, Roel said:

Hopefully OP will let us know next month if her AoS was approved or denied.

I would really like to see how this case unfolds.

 

Sorry @Roel, I believe where you quoted USCIS is a misquote, since it is a general page, an specific details can not be assumed. For example, the original source also instructs USC's spouses to File I-130, I-485 them together, that does not mean that they can not file them separately. 

 

If interested OP and anyone else interested could also check Maya123's case that was even one step further, and went to the interview, and was told by the interviewing officer that she was out of status and that she was going to be denied. Only to later receive the approval. It only got delayed because her I-130 was stuck somewhere else  

 

Please people let's try to educate, and refute with arguments instead of beliefs.

 

 

 

[azblk 338]

1 hour ago, NuestraUnion said:

My point is that a person must have a legal status to be adjusting from (including the duration of the process) in order to be approved for Adjustment of Status, unless they are married to a USC in which the overstay is forgiven.

 

Authorized stay is not the same as have legal status.

 

This is why we stated she will be denied her AOS.

FAILURE TO MAINTAIN STATUS

Title 8, CFR Part 245.1(d)(1) defines “lawful immigration status” to include nonimmigrant status (e.g. B2, F1, H1B, J1, L1A), refugee status and asylum. Temporary protected status (TPS) granted under section 244 of the Act and F-1 student occupational practical training (OPT) are also considered lawful status for adjustment purposes. Examples of persons not in lawful status include aliens who entered without inspection, aliens whose nonimmigrant status has expired, and parolees who were not inspected and admitted.

In terms of Form I-485 adjudication, lawful status is counted from the date of the alien’s last admission until the Form I-485 is filed. Any gaps or violations that occurred prior to the alien’s last admission or after Form I-485 was filed are not counted. (These limitations do not, in any way, bar USCIS from scrutinizing an applicant’s full immigration and employment history within the record of proceeding to otherwise determine admissibility or eligibility.) Lapses or violations totaling 180 days or less are permissible under section 245(k) of the Act. 

An alien fails to maintain lawful status when their status has expired, has been revoked, or has been terminated. In particular, an alien admitted as a nonimmigrant fails to maintain lawful status upon overstaying his or her authorized period of admission, as specified by the expiration date on the alien’s Form I-94 (Arrival/Departure Record) or Form I-797 (Notice of Action). Applicants also fail to maintain lawful status by violating the terms and conditions of their admission. This means that although the alien held (or was granted) a lawful status, he or she engaged in activities which violated the terms and conditions of that status.

 

 

Edited May 10, 2018 by azblk

[MrSimBa 4]

Agreed with @azblk. It doesn't matter what categories you apply AOS for, as long as you are in status when you apply for I-485, you will be entered "authorized to stay" status until your application is adjudicated. However, most people are advised to maintain status until green card in hand because if somehow their AOS goes wrong, they will still be able to stay in the country legally. 

Edited May 10, 2018 by MrSimBa

[AOSSyr2017 4]

It is ok to be out of status after you file AOS. You should consult a couple of other lawyers to be sure and emphasize the fact that you were legal at the time when your AOS was received by the USCIS. Not all lawyers are competent. 

[Unlockable 7,306]

2 hours ago, Roel said:

Hopefully OP will let us know next month if her AoS was approved or denied.

I am anxious to know the results also. 

 

1 hour ago, Tenreyro said:

I would really like to see how this case unfolds.

 

Sorry @Roel, I believe where you quoted USCIS is a misquote, since it is a general page, an specific details can not be assumed. For example, the original source also instructs USC's spouses to File I-130, I-485 them together, that does not mean that they can not file them separately. 

 

If interested OP and anyone else interested could also check Maya123's case that was even one step further, and went to the interview, and was told by the interviewing officer that she was out of status and that she was going to be denied. Only to later receive the approval. It only got delayed because her I-130 was stuck somewhere else  

 

Please people let's try to educate, and refute with arguments instead of beliefs.

 

 

 

I read the thread. Seems that the interviewing officer informed the  applicant that they  were supposed to  maintain status. There is also another  poster the had a similar encounter with an officer. And someone in that thread provided a link to another case where a person was told at the interview that they were to maintain status, but eventually got approve. 

 

This may very well be a case of it being at the officer's discretion.

 

Like someone just mentioned, by not maintaining a legal status, a denial of the AOS would put the applicant in an even worse position than they started. So maintaining a legal status is the safest route. By not having a spouse that is a US citizen to file a waiver, their options to have authorized stay after an AOS would be extremely limited. Every search of resources that I have come across has it that a person must maintain status.

 

Hopefully, the OP will return to give us an update. It definitely will be beneficial to us.

[Georgia16 2,858]

6 hours ago, NigeriaorBust said:

  How did your husband qualify to apply from USC  so quickly ?   You said he got his GC in 2015 and applied for USC in 17  

Exactly my thought also something is not adding up.

 

Got GC Jan 15 and apply for UC citizen on Nov 17 so within the 90 days before the 3 years so that means he is applying under rules for marriage and not 5 years as a GC holder makes no sense when he is married to her.

[Ryan H 3,790]

***Post violating the TOS (personal attack) removed; Administrative Action taken.***

[azblk 338]

35 minutes ago, Georgia16 said:

Exactly my thought also something is not adding up.

 

Got GC Jan 15 and apply for UC citizen on Nov 17 so within the 90 days before the 3 years so that means he is applying under rules for marriage and not 5 years as a GC holder makes no sense when he is married to her.

The husband could be in the military. They get expedited naturalization if so desired.

[p1po2w 10]

azblk is correct. I adjusted my status thru a marriage with a LPR inside the US. if your PD is current, you HAVE to HAVE a legal status to file i-485 and that's it. after filling i-485, you no longer hold ANY other status but a pending i-485. even if your PD is no longer current, you are still fine because you filled at the time when your PD was current and had a legal status at that point. after doing it, filling i-485, while PD is current, and being in a legal status, your new status is a pending i-485 until your i-485 is approved/denied.

Edited May 11, 2018 by p1po2w

[toreador 2]

14 minutes ago, p1po2w said:

azblk is correct. I adjusted my status thru a marriage with a LPR inside the US. if your PD is current, you HAVE to HAVE a legal status to file i-485 and that's it. after filling i-485, you no longer hold ANY other status but a pending i-485. even if your PD is no longer current, you are still fine because you filled at the time when your PD was current and had a legal status at that point. after doing it, filling i-485, while PD is current, and being in a legal status, your new status is a pending i-485 until your i-485 is approved/denied.

Thank you for sharing your experience!!! Good to hear that there’s a successful case. 

 

Did the IO ask your status after filing I-485? Did you present any rules/regulations from the USCIS website to prove that it’s fine to hold no status after filing I-485 (had legal status on the date of filing, of course)? just in case IO  not familiar with it. 

 

Thank you!

[NigeriaorBust 4,087]

13 hours ago, Georgia16 said:

Exactly my thought also something is not adding up.

 

Got GC Jan 15 and apply for UC citizen on Nov 17 so within the 90 days before the 3 years so that means he is applying under rules for marriage and not 5 years as a GC holder makes no sense when he is married to her.

  The rules for apply at three years through marriage require that the spouse be a USC which isn't the case as the OP is trying to get a green card.   I didn't hear anything about them being in the military.  So maybe AOS isn't  their only problem .

[azblk 338]

9 minutes ago, NigeriaorBust said:

  The rules for apply at three years through marriage require that the spouse be a USC which isn't the case as the OP is trying to get a green card.   I didn't hear anything about them being in the military.  So maybe AOS isn't  their only problem .

Now you are making assumptions about about things beyond the scope of this thread. If the husband erroneously applied for citizenship he will be denied. It has no bearing on this case as she is applying as the spouse of a LPR and not a USC.

[NigeriaorBust 4,087]

4 minutes ago, azblk said:

Now you are making assumptions about about things beyond the scope of this thread. If the husband erroneously applied for citizenship he will be denied. It has no bearing on this case as she is applying as the spouse of a LPR and not a USC.

 It means that the suggestion that they wait until he is  USC is not something that will happen in the near future.